The life health that medicines and chemical reagents affects social community is safe, our country implements the rigiddest management system to medicines and chemical reagents, crime of the 141st false to production, sale also drug sets criminal law to make for behavior. But we also want to see, instantly is superintended in medicines and chemical reagents, legal provision and medical curative effect, disease suffers from there also is real difficult position sometimes between demand. And healthy to life pursuit longing is a person the basiccest the most important right.
The office of complete province procuratorial work that on May 7 Jiangsu province procuratorate holds in the morning punishs on press conference of crime of safety of harm food medicines and chemical reagents, jiang Yongliang of member of province procuratorate leading Party group, deputy chief procurator expresses, dealing with " talk with false medicine " when the case, insist to be handled cautiously lawfully from beginning to end, distinction is treated, mature the particular case of a case, the society that considers action of false drug of relevant production, sale endangers a gender, balance behavior itself destroys the relationship between the maintenance with authority, healthy to patient life advantageous position actually what superintend order to national medicines and chemical reagents, strict lawfully careful make relevant decision, not be blow of simple pursuit penalty.
The life health that medicines and chemical reagents affects social community is safe, so our country implements the rigiddest management system to medicines and chemical reagents, crime of the 141st false to production, sale also drug sets criminal law to make for behavior. But we also want to see, instantly is superintended in medicines and chemical reagents, legal provision and medical curative effect, disease suffers from there also is real difficult position sometimes between demand.
Jiang Yongliang introduces, in judicatory practice, to the following kinds of case, crime of general in handle a case nonfeasance treats institution of Jiangsu province procuratorial work:
(1) sell a few drug that according to civilian tradition recipe privately machines, did not cause other to harm consequence or of make a diagnosis and give treatment of incur loss through delay;
(2) the medicines and chemical reagents outside selling a few abroad that import without approval, place, suffer from to disease especially the serious illness patient such as cancer has real curative effect;
(3) the medicines and chemical reagents outside selling a few abroad that import without approval, place, did not cause other to harm consequence or of make a diagnosis and give treatment of incur loss through delay;
(4) cross to patient and family member condition of the for private use that buy drug,
In addition, the person that sell false drug to sufferring employ to be is engaged in carrying, deserve to send, the personnel of the activity such as sorting, divide those who participate in profit to cent is become or get high specified number to secure salary beyond, also do not investigate criminal duty commonly. For instance, the Liu Mou that procuratorate of area of Xuzhou city drum-tower deals with sells India " Yiruisha " wait for anticarcinogen strain to list a case, procuratorial work mechanism thinks integratedly India produces " Yiruisha " pharmacy waiting for copy is tasted low-cost, have real curative effect, the cancer patient that gets ill painful torment for a few equipment actually alleviated those who live is painful wait for an element, final inferior to guilty amount, positive disgorge ill-gotten gains, admit one's guilt nicer 8 people make the manner do not sue processing relatively. Be like again, yangzhou mails the Wang Mou that city procuratorate deals with high to sell false medicine record, wang Mou of the accused person from abroad 7 kinds of medicines and chemical reagents such as the eyedrop that buys on sb's behalf to be imported without approval, patulin are aggregate more than 20, will give partly among them sale. The drug measure that procuratorial work mechanism buys on sb's behalf via examining cognizance Wang Mou is less, true medicine is in abroad, it is because of be being evaluated lawfully without the license in home " false medicine " , and did not cause other to harm consequence or make a diagnosis and give treatment of incur loss through delay, the clue is slight. Via making public hearing of witnesses, decide to be not sued lawfully, suggest public security mechanism does not grant to a batch of similar cases criminal processing, much person is avoided to grant criminal is found out. At the same time procuratorial work mechanism supervises management board to issue procuratorial work opinion to the market lawfully, make market of high post city supervised management board to make the amerce, administration that confiscates false drug punish a decision to Wang Mou lawfully.
